WITH RELEASE OF CORONA ACCOUNTS
MANILA, FEBRUARY 9, 2012
(INQUIRER) By Tetch Torres —The Philippine Savings Bank (PSBank)
fears being sanctioned by the Bangko Sentral ng Pilipinas, as it petitioned the
Supreme Court to stop the Senate impeachment court from compelling it to release
the bank records of impeached Chief Justice Renato Corona, who is under trial.
"Petitioner PSBank will likewise risk revocation or suspension of its
authority to accept new foreign currency deposits by the Bangko Sentral ng
Pilipinas pursuant to Section 87 of the Manual Regulations on Foreign Exchange
Transactions," the bank, through its president, Pascual M. Garcia III, said.
Garcia said that they might also incur criminal liability for violation of
Republic Act 6426, or the Foreign Currency Deposit Act.
Under Section 87 of the Manual Regulations on Foreign Exchange Transactions,
any violation of RA 6426 provides, upon conviction, a penalty of imprisonment of
not less than one year but not more than five years or a fine of not less than
P5,000 or more than P25,000. Also, the BSP may revoke or suspend the authority
of a bank to accept new foreign currency deposits.
They said the Senate impeachment court committed grave abuse of discretion in
issuing the subpoena to bank records of the Chief Justice. "It is settled
jurisprudence that there is grave abuse of discretion amounting to lack or
excess of jurisdiction when a tribunal contravenes the Constitution, the laws
and the existing jurisprudence," the bank said.
"As admitted by the respondent impeachment court, RA 6426 which is the
recognized law that governs foreign currency deposits, clearly provides for only
one exception to the prohibition on disclosure—upon prior written permission of
the depositor," it added.
Fariñas comes out swinging at Corona lawyers in impeach trial
By Cathy C. Yamsuan, Cynthia D. Balana Philippine Daily Inquirer 1:55
am | Tuesday, February 7th, 2012
Ilocos Norte Representative Rudy Fariñas says Chief Justice Renato
Corona should be his own counsel, stressing that it's a matter of delicadeza to
not accept free services from the top lawyers in the country to avoid "undue
influence." Video by INQUIRER.net's Cathy Miranda
A House prosecutor, Representative Rodolfo Fariñas, stood up for the first
time Monday night to warn the top-caliber lawyers representing Chief Justice
Renato Corona for free in his impeachment trial that they could be liable for
graft and possibly conflict of interest.
"This is prohibited under Republic Act No. 6713 and the Anti-Graft and
Corrupt Practices Act," said Fariñas, who placed eighth in the bar exams in
1978.
Fariñas said it was highly possible that prominent lawyers on the defense
panel have pending cases in the Supreme Court, thus their presence in his legal
team may be construed a certain way.
Apart from former Associate Justice Serafin Cuevas who serves as Corona's
lead counsel, the Chief Justice's defense panel includes Eduardo de los Angeles
and Jacinto Jimenez.
"Because they are giving their gift, their services, for free to the Chief
Justice of the Supreme Court of the Philippines and they come from big law firms
and have pending cases before the Supreme Court," Fariñas said in Filipino.
Fariñas, who is tasked with pinning Corona in Article 6 of the impeachment
complaint, said top lawyers giving their services to Corona for free further
aggravated the Chief Justice's allegation that the impeachment proceedings were
actually "an attack against the judiciary."
Senate President Juan Ponce Enrile reminded Fariñas that the Chief Justice
was "allowed to a counsel of his choice. You cannot deny that from him."
"What we are saying is that it is illegal for a public official to accept
gifts of great material value," Fariñas said.
"That his lawyers are known to be very competent and charge high rates (de
campanilla), yet they give their services for free, this situation could be
detrimental to the independence of the Chief Justice," he added.
Fariñas' unscheduled turn at the podium was a surprise to many observers of
the impeachment trial.
For one, he is the sole prosecutor among the 11-man panel appointed by the
House of Representatives who did not sign the impeachment complaint against
Corona.
Second, he nearly resigned from the prosecution panel two weeks ago had
fellow prosecutor Elpidio Barzaga Jr. not talked him.
Fariñas, who finished his law studies at Ateneo de Manila University, was
reportedly dismayed at how the prosecution panel had been handling the job of
proving Corona's guilt in Article 2.
Fariñas' warning to the defense came after Cuevas complained that the entry
of more private prosecutors to aid Fariñas and company would further deplete the
government coffers.
"Your honors, please, with this avalanche of private prosecutors, there may
be a necessity of an additional P10 million appropriation to take care of them,"
he said.
The Senate earlier announced it released P5 million for expenditures in the
impeachment trial.
"That's our money, your honor," Cuevas said, addressing Enrile. "That's the
money of the taxpayer!"
"The defense would be flattered. A phalanx of prosecutors is arrayed against
(you)," Enrile butted in.
"But we are concerned also of depleting the resources of the Republic of the
Philippines! That's your money. That's my money and the money of everybody here,
your honor," Cuevas insisted.
"If they are not spent in accordance with law, then this could be technical
malversation," he warned.
This prompted Fariñas to point out that all of private lawyers aiding the
defense were appearing for free in the impeachment trial.
To defuse the tension, Enrile assured Fariñas that the government's
prosecution service would "take proper action… if there is evidence of any
illegal gift or bribery or whatever.
"You (prosecutors) are saying your private lawyers are pro bono. The defense
says likewise. Who knows?" the Senate President said.
"Under my oath as an elected official, I assure the court that our lawyers
are pro bono," Fariñas said.
He said he was irked by Cuevas' statement questioning the use of public funds
in prosecuting Corona and in paying for the services of the prosecution's
private lawyers.
"Fariñas further sayeth," he said with a laugh at a press conference in
describing his exchange with Cuevas. "That's not actually correct. Except for
operational expenses, we don't spend anything. These are bar topnotchers and
they provide their legal services to us for free," he said.
He earlier told the Philippine Daily Inquirer that he had "long litigation
experience" with himself as his own lawyer in many criminal cases filed against
him.
"He who lives in a glass house should be the last to throw stones," Farinas
said of the defense. With Tetch Torres, INQUIRER.net
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
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